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CHAPTER 26: CRIMINAL STREET GANGS ____
U.S. Code Title 18, Chapter 26: Criminal Street Gangs18 U.S.C. § 521: Criminal street gangs ___
(a) Definitions.
"conviction" includes a finding, under State or Federal law, that a person has
committed an act of juvenile delinquency involving a violent or controlled
substances felony.
"criminal street gang" means an ongoing group, club, organization, or
association of 5 or more persons—
(A) that has as 1 of its primary purposes the commission of 1 or more of the
criminal offenses described in subsection (c);
(B) the members of which engage, or have engaged within the past 5 years, in
a continuing series of offenses described in subsection (c); and
(C) the activities of which affect interstate or foreign commerce.
"State" means a State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
(b) Penalty: The sentence of a person convicted of an offense described in
subsection (c) shall be increased by up to 10 years if the offense is committed
under the circumstances described in subsection (d).
(c) Offenses: The offenses described in this section are—
(1) a Federal felony involving a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum
penalty is not less than 5 years;
(2) a Federal felony crime of violence that has as an element the use or
attempted use of physical force against the person of another; and
(3) a conspiracy to commit an offense described in paragraph (1) or (2).
(d) Circumstances: The circumstances described in this section are that the
offense described in subsection (c) was committed by a person who—
(1) participates in a criminal street gang with knowledge that its members
engage in or have engaged in a continuing series of offenses described in
subsection (c);
(2) intends to promote or further the felonious activities of the criminal street
gang or maintain or increase his or her position in the gang; and
(3) has been convicted within the past 5 years for—
(A) an offense described in subsection (c);
(B) a State offense—